Procedural Safeguards

10 Important Procedural Safeguards to Know according to Andrew M.I. Lee, JD (2021)

1. Procedural Safeguards Notice

   • The school MUST provide you with a written explanation of your rights under both the Individuals with Disabilities Education Act (see more about "IDEA" here) and your state's laws. You'll get this as a printed procedural safeguards notice. You can also ask for a verbal explanation.

2. Parent Participation

   • You have a legal right to participate in meetings about your child's education, including ARD/IEP meetings. You can even call your ARD/IEP team meeting at any time.

3. Access to Educational Records

   • You have the right to see and get an explanation of your child's school records. You can also ask for corrections. These rights are protected by IDEA and the Family Educational Rights and Privacy Act (see more about "FERPA" here).

4. Confidentiality of Information

   • The school must protect your child's confidentiality. This includes personal information, such as your child's name, address, social security number, and other personal details. There are some exceptions; FERPA outlines these.

5. Informed Consent (or Parental Consent)

   • Before evaluating your child or providing special education services for the first time, the school must inform you of what's involved in the evaluation. You have to give your permission in writing before the school can move forward.

6. Prior Written Notice

   • The school must give you a written notice before it changes your child's special education experience. This includes when the school wants to add or deny services. It must tell you what it proposes to do and why.

7. Understandable Language

   • When the school provides written notice, it must use language that is understandable to the general public. The notice must also be in your native language (this includes Braille).

8. Independent Educational Evaluation (IEE)

   • If you disagree with the school's evaluation results, you have the right to get an Independent Educational Evaluation (IEE). An IEE is an evaluation of your child's skills and needs by someone who is not a school employee. The school must consider the results of the IEE. However, the school isn't required to accept the findings.

9. "Stay Put" Rights

   • If you disagree with a proposed change to your child's IEP services or placement, the "stay put" protection keeps your child's current IEP in place while you and the school work things out. However, you have to act within 15 days of being told about a proposed change.

10. Dispute Resolution Options

    • You have the right to disagree with the school about what's best for your child. If you have a disagreement, IDEA provides you with several dispute resolution options.

References